12-24-05

History of the Polysomnography Practice Act in New Jersey

On May 5, 2003 the New Jersey Board of Respiratory Care issued a cease and desist order that will take affect April 2006 for all polysomnographic technologists who are not also licensed respiratory therapists.  (A very small minority of sleep techs in New Jersey)

NJAST worked with Senator Singer to draft legislation requesting exemption from the New Jersey Respiratory Care licensing law for the small portion of our scope of practice that overlaps with Respiratory Care.

In 2003 exemption legislation was passed by the Senate Commerce Committee and sent to the NJ Senate for a vote; however the NJ Respiratory Society and NJ Board of Respiratory Care opposed exemption and that legislation was tabled in January 2004 on the order of the Attorney General. 

In June of 2004 we met with representatives from the Attorney General’s Office and the Division of Consumer Affairs.  Both agencies recommended that we seek independent licensure for polysomnographic trainees, technicians and technologists.   Representatives from both offices worked with us to draft Bills # S2279 and # A2661.

In May of 2005 the NJ Respiratory Care Society protested the legislation in the Assembly Health and Human Services Committee.  As a result, shortly thereafter NJAST representatives met with the NJ Society for Respiratory Care and their lobbyist, an AASM representative,  Assemblyman Gusciora’s Chief of Staff, and Senator Singer’s Chief of Staff in the offices of New Jersey State Assemblyman Reed Gusciora.

NJ Society for Respiratory Care concerns included differentiation of non-invasive ventilatory therapies from CPAP and Bi-PAP; definition and clarification of “supervision” and “direct supervision”; objection to licensing of trainees; reference to the Association of Polysomnographic Technologists; and educational standards for sleep technologists, specifically those trained outside of CAAHEP approved programs. 

Each issue was discussed individually, agreements were made, and the group reviewed the original bill and made changes in the language that were agreed upon by all.  At the conclusion of that meeting the NJSRC agreed to support the revised legislation.

In June of 2005 the revised and agreed upon legislation, companion bill A2661 was passed by the Assembly Appropriations Committee with the NJSRC lobbyist in attendance supporting the bill, and the bill was passed by the Assembly on June 20, 2005.

In August of 2005 the NJ Society for Respiratory Care posted information on their website and sent letters to their members suggesting that they should oppose the polysomnography practice act legislation – on the same grounds that had been previously covered and agreed upon by representatives of that society.

NJAST representatives immediately met with the President of the NJ Society for Respiratory Care to discuss the issues, and the previous agreement on the bill language.

On September 8, 2005 the Board of Directors of the NJ Society for Respiratory Care once again met with NJAST representatives to discuss the pending legislation, and following that meeting their board again voted to support S2279. 

On November 3, 2005 the President of the AARC wrote to our bill sponsors and members of the NJ legislature protesting our bill on the same grounds that we have been over several times with the NJ Respiratory Care Society, and to Governor Codey requesting that he veto our licensing bill. 

Members of the NJAST board were present in the New Jersey Senate on December 8, 2005 when the Polysomnography Practice Act received a unanimous favorable vote!

On December 13, 2005 the President of the AARC emailed it's members nationally urging them to contact Governor Codey requesting that he veto our licensing bill. 

On December 21, 2005 the Polysomnography Practice Act was signed into law in New Jersey as P.L.2005, c.244.   

New Jersey is the second state in the nation to independently license polysomnographic technologists.  This was accomplished with the help of our legislative sponsors, Assemblyman Reed Gusciora, Assemblyman Ronald Dancer, Senator Robert Singer, Senator Barbara Buono, and Senator Joseph Vitale as well as the AASM, the APT, and the NJAST members and supporters of this legislation who worked so hard to make this happen.

Polysomnography is now recognized as an independent profession in the State of New Jersey!

The time frame for all NJ sleep techs to be licensed is 360 days following the appointment and qualification of the State Board of Polysomnography members.